D. Sugumar, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH D.Sugumar ... Petitioner Vs.
1. The Managing Director, The Tamil Nadu State Transport Corporation (KMB) Limited, 27, New Railway Station Road, Kumbakonam - 612 001.
2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Limited, kumbakonam Region, 27, New Railway Station Road, Kumbakonam - 612 001.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to settle petitioner's surrender leave salary for 173 days in respect of the years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017 and 2017-2018 together with interest at the rate of 18% per
annum payable from the date of his retirement to till the date of actual payment.
For Petitioner :
Mr.K.Gokul For Respondents :
Mr.K.Jagadees Balan Standing counsel
O R D E R
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. Aggrieved against the non-settlement of the surrender leave salary to the petitioner, he has claimed settlement of surrender leave salary together with interest in this Writ Petition.
3. In an identical circumstance, when a similarly placed employee had sought for payment of his surrender leave salary together with interest, this Court, in the case of N.R.Suresh Babu vs. The Principal Secretary to Government and another passed in W.P.(MD)No.3757 of 2021 dated 26.02.2021, had directed the Transport Corporation to settle the surrender
leave salary together with interest at the rate of 6% per annum from the date of his retirement till the date of actual disbursement, in six equal monthly installments. The relevant portion of the order reads as follows: "9.Accordingly, there shall be a direction to the second respondent herein to settle the surrender leave salary for 105 days, in respect of the years 2009-2016, together with interest at the rate of 6% per annum from the date of retirement till the date of actual disbursement. The second respondent shall be entitled to disburse the surrender leave salary in six Equal Monthly Installments and the 1st Installment shall commence from 1st of March 2021."
The aforesaid order came to be confirmed by the Hon'ble Division Bench of this Court in a Judgment passed in W.A.(MD)Nos.1883 to 1892 of 2021, dated 04.10.2021.
4. In view of the earlier orders passed by this Court, the petitioner herein would be entitled for claim of surrender leave salary for the eligible amount in respect of the years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017 and 2017-2018, together
with interest at the rate of 6% per annum payable from the date of his retirement till the date of actual disbursement.
5. Accordingly, the respondents herein are directed to disburse the surrender leave salary as ordered above, in six equal monthly installments, whereby the first installment shall commence from 1st of August 2022. This Writ Petition stands partly allowed. No costs. 01.07.2022 Index : Yes / No Speaking Order : Yes / No vji
To
1. The Managing Director, The Tamil Nadu State Transport Corporation (KMB) Limited, 27, New Railway Station Road, Kumbakonam - 612 001.
2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Limited, kumbakonam Region, 27, New Railway Station Road, Kumbakonam - 612 001.
M.S.RAMESH, J.
vji 01.07.2022